From my own personal experience unless a council is told definitely that it can't do something, it tends to believe it can. When an Act is drawn up the author will write it in a way so that council's have discretion or not. Liverpool has a number of testing stations within its boundaries but it also has a testing station in Sefton. The driver has the choice of which testing station he wants to use. Sefton has a testing station for licenced limousines (the long ones) in Warrington I think, because none of Sefton's testing stations have the facilities to test them. Councils have to comply with the law. Vehicles have to be tested to be deemed roadworthy. I think a court would look more favourably towards a council that is making sure all the vehicles it licenced are roadworthy and safe for the public, than which area they are tested in. If somebody has £20000 plus to spare feel free to challenge it in court. Personally, it won't be me! P.S. I don' t know where Sefton's landaus are tested but it could be Blackpool.

Newcastle v Blueline NCN:[2008]EWHC 236(Admin) Case No:C/O 6448/2007

Paragraph 23 the Judge makes it abundantly clear that vehicles can only be tested in its licensing district.

In other words why does some on here support Councils who are breaking the Law are they themselves flying close to the wind.

Not a nice thing to say

_________________Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Like Mr T I always thought the provision allowed a proprietor to refuse the test if the test was 'out of area', not the other way around.

I'm not sure MR T is saying you can refuse the test if it's out of area, that would not help his point of view, the reason you can refuse the test if it's out of area is because it has to be inside, Wolverhampton by having testing stations outside its area are helping these Operators run Wolverhampton vehicles 120 miles away, so we're going back to the Berwick days, while other councils are trying to stop hackneys from working miles away, here we have a council trying to encourage private hire vehicles to do exactly that,when I asked Wolverhampton about how out-of-area private hire operators are supposed to legally use Wolverhampton licensed drivers and vehicles, she said that they “piggyback” an operator licence within the premises of a handful of Wolverhampton operators, paying them £50 per week to use their premises as an ostensible operator base.

Like Mr T I always thought the provision allowed a proprietor to refuse the test if the test was 'out of area', not the other way around.

I'm not sure MR T is saying you can refuse the test if it's out of area, that would not help his point of view, the reason you can refuse the test if it's out of area is because it has to be inside, Wolverhampton by having testing stations outside its area are helping these Operators run Wolverhampton vehicles 120 miles away, so we're going back to the Berwick days, while other councils are trying to stop hackneys from working miles away, here we have a council trying to encourage private hire vehicles to do exactly that,when I asked Wolverhampton about how out-of-area private hire operators are supposed to legally use Wolverhampton licensed drivers and vehicles, she said that they “piggyback” an operator licence within the premises of a handful of Wolverhampton operators, paying them £50 per week to use their premises as an ostensible operator base.

Mr T likes to be argumentative at the best of times and when people come on here saying that something is set in stone, because a judge said so in such and such a case, it tends to get up my nose, when you read of so many cases being overturned by yet another judge in another case, and the fact that new laws or old laws have been changed since that case had taken place. Liverpool have had a testing station in Sefton for over 45 years. Originally it used to deal with the overflow of its bookings from its one and only testing station in Liverpool.Sefton has a testing station for stretch limos outside of its area because that testing station specialises in stretch limos, and Sefton does not have a facility like it, but the vehicles need to be tested to a high standard. Now that to me seems common sense. I personally think, such as in the Berwick case, that if a council is authorising testing stations far away from its own area simply to generate income from licencing fees, then that is most certainly wrong, but if they do it to make sure that a certain type of vehicle is correctly tested, then that is common sense.As I said in the very beginning, we can argue as much as we like, but the only way you will get a council to change its stance on a policy is to challenge it in court. Two barristers go into court thinking they are right, one comes out a loser, but they both get paid.Posters on here who try to discredit another persons point of view by suggesting that they are involved in things that are not legal, remind me so much of the old Labour mentality, which is something I would not do myself. Win at all costs is not my motto.

_________________Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Like Mr T I always thought the provision allowed a proprietor to refuse the test if the test was 'out of area', not the other way around.

I'm not sure MR T is saying you can refuse the test if it's out of area, that would not help his point of view, the reason you can refuse the test if it's out of area is because it has to be inside, Wolverhampton by having testing stations outside its area are helping these Operators run Wolverhampton vehicles 120 miles away, so we're going back to the Berwick days, while other councils are trying to stop hackneys from working miles away, here we have a council trying to encourage private hire vehicles to do exactly that,when I asked Wolverhampton about how out-of-area private hire operators are supposed to legally use Wolverhampton licensed drivers and vehicles, she said that they “piggyback” an operator licence within the premises of a handful of Wolverhampton operators, paying them £50 per week to use their premises as an ostensible operator base.

Mr T likes to be argumentative at the best of times and when people come on here saying that something is set in stone, because a judge said so in such and such a case, it tends to get up my nose, when you read of so many cases being overturned by yet another judge in another case, and the fact that new laws or old laws have been changed since that case had taken place. Liverpool have had a testing station in Sefton for over 45 years. Originally it used to deal with the overflow of its bookings from its one and only testing station in Liverpool.Sefton has a testing station for stretch limos outside of its area because that testing station specialises in stretch limos, and Sefton does not have a facility like it, but the vehicles need to be tested to a high standard. Now that to me seems common sense. I personally think, such as in the Berwick case, that if a council is authorising testing stations far away from its own area simply to generate income from licencing fees, then that is most certainly wrong, but if they do it to make sure that a certain type of vehicle is correctly tested, then that is common sense.As I said in the very beginning, we can argue as much as we like, but the only way you will get a council to change its stance on a policy is to challenge it in court. Two barristers go into court thinking they are right, one comes out a loser, but they both get paid.Posters on here who try to discredit another persons point of view by suggesting that they are involved in things that are not legal, remind me so much of the old Labour mentality, which is something I would not do myself. Win at all costs is not my motto.

Your opinion is appreciated as always, I don't think I quoted any case law or accused you of anything? I was just trying to liven up the forum as it was getting pretty boring.

Who is online

Users browsing this forum: Google [Bot] and 10 guests

You cannot post new topics in this forumYou cannot reply to topics in this forumYou cannot edit your posts in this forumYou cannot delete your posts in this forumYou cannot post attachments in this forum